Commentary to article 342. Decision on the measure of restraint of the Criminal Procedure Code of the Republic of Kazakhstan

During the main trial, the court has the right to choose, change, cancel or extend the measure of restraint against the defendant.

The period of detention of the defendant as a preventive measure from the date of receipt of the case in court until sentencing may not exceed six months.

In cases of serious crimes, after the expiration of the period specified in part two of this article, the court may, by its decision, extend the period of detention to twelve months.

After the expiration of the periods of detention specified in parts two and three of this article, the court must change the defendant's measure of restraint to house arrest or another measure of restraint.

The restrictions established by parts two and four of this article shall not apply to cases in which at least one of the defendants is accused of committing a particularly serious crime.

This article regulates the powers of the court to elect, cancel, amend and extend a preventive measure against a defendant.

Only one preventive measure provided for by this Code may be applied to a person.

Questions about the election, amendment, cancellation, and extension of a preventive measure are decided by the court in a conference room, on which a reasoned decision is issued.

The grounds and procedure for applying a preventive measure in the form of detention are established by article 147 of the CPC.

The period of the defendant's detention from the date of the case's admission to court until the sentencing may not exceed six months.

Parts 3.4 provide for the possibility of extending the period of detention for up to twelve months in cases of serious crimes. This period is the maximum and after its expiration, the court must change the defendant's measure of restraint to house arrest or another.

An exception to these rules is cases in which at least one of the defendants is accused of committing a particularly serious crime.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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